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<br />or data_not current u cerilffed In his ceritfl-
<br />taLlon of current coat or priclrlg data (EPA
<br />fdrm b700-41 ), then such yrtce, coat, or
<br />profit shall be reduced accordlrlgly and the
<br />agreement shall ix modified 1n writing to
<br />reflect such reduction.
<br />(b) Failure to agm oa a reduction shall
<br />tx subject to the remedies clause of thL
<br />agreement
<br />(Noft-Since tAt npreemrnt to re<bjtct to
<br />reduction under Nis clnwc by reason of dew
<br />Jeetint coat or pricing data suiSmitltd in
<br />conneclfon soitlt certain subtonlracta, Uu
<br />tnpinen may w(aA to inciudt a dawe in
<br />tack suCJ1 sut+corttrat! repuirinp tAt subton-
<br />trnctor to approD~atdy indtmnth/ flu rnpi-
<br />wecr.~ It is also t7pcctcd that any subcontrac~
<br />for axDfeet to tueh tndcmn{fieation soil! pen-
<br />tra,uy repscire sui-rtanNally aamilar indtmnt-
<br />f-cation Jor dthelioe cwt or pricin0 data re-
<br />p~uised to be submitted ty Asa !own tier sutr~
<br />contrattora)
<br />t I. svaoolrzRACZs
<br />(a) Any subcontractors and outside trio-
<br />elites or rortsultants reputred by the engi-
<br />neer to conneetFon with services under thts
<br />agreement will be limited to such individ-
<br />uals or tlrtna u were specifically identified
<br />and agreed to during ncgotlatlons, or u the
<br />owner spetlffcally tuthortzes during the
<br />pcrforraance of th4 agrmnenL The owner
<br />must g1~e prior approval for any subatitu-
<br />tions in or additions to such suboontractora,
<br />aasotiatea, or ooruultanta
<br />(b> The engineer may cwt subcontrset ser-
<br />vices !1f excess of thirty t30) percent (or
<br />percent ti the owner and the engi-
<br />neer hereby twee) of the wntrad Drioe to
<br />subcontrattora or consultants without the
<br />owner's Drior written approval
<br />ss. t~uoa srANDARns
<br />To the extent that this agreement in-
<br />volves "canstrvcttoa" (as defined by the
<br />Secretary of Labor), the engineer agrees
<br />that such construction work shall be aubtect
<br />to the SoDowing labor standards provisions,
<br />to the extent aDPllcable:
<br />(a) Davis-Bacon Aet (40 D.S.C. 370a-
<br />276a-?Y
<br />lb) Contract Wort Hours and Safety
<br />Starrdar'ds Ad (40 II.6.C. 377-333r
<br />(c) Copeland Anti•Kktback Att (18 II.S.C.
<br />E71); acrd
<br />td) Executive Order 11246 tFqutl EmP1oy-
<br />merit QpportunityT,
<br />and Implementing rules, regulations, and
<br />relevant orders of the Secretary of Labor or
<br />EPA. The engineer further agrees that this
<br />agreement shall lnctude and be subJed to
<br />the "Libor Standards ProvLsioru for Feder-
<br />aily Assisted Construction Contracts" (EPA
<br />form 5720-4) 1n effect at the Lime of ezertt-
<br />Uon of this agreement
<br />r a. rooAt nQtoT>ruT orroRTmrrTZ
<br />In aocordanoe with EPA poLcy u ez-
<br />prersed In 40 CFR 30.4205. the engineer
<br />agrees that he will Dot dlscrlminate against
<br />any employee or aDDUtant for employment
<br />because of nee. reUgloa, Dolor, sex, age, or
<br />natloaal origin.
<br />ta. oTnszATroN or ....,. ArrD xasoarrt
<br />svsnr~s
<br />In aoc-ordarae with EPA poliq u ex-
<br />pressed la 40 CFR 3S.o7a-?, the engineer
<br />agrees that-yualllled srDall bustsesT and m!-
<br />noriV business enterprises shall have the
<br />maximum practluble opportunity to par-
<br />RULES~AND REGULATIONS
<br />tlclvalt In the performance of EPA grant-
<br />asslsLed «,ntracu and subcontracts.
<br />l•. COt•Ln AI(T AGAIR aT CONTI?IGOrT riLt
<br />The eogtnecr warrants that no person or
<br />selling a=ency hu been employed or re-
<br />tained to soUcit or secure thL oont.raet upon
<br />an agreement or understanding for a co~~
<br />mission, percentage, brokerage, or contin-
<br />gent Ice, excepting bona fide employee. For
<br />breath or violation of this warranty the
<br />ovr-er shall have the right to annul this
<br />agreement without llablllty or In !ts dlacre-
<br />tlon to deduct from the contract price or
<br />oonsfderatfon, or othervvtu recover, the lull
<br />amount of such commission, percentage,
<br />brokerage, or tontingent fee.
<br />r a. cRwrnrrlrs
<br />ca) If It b found, after notice and hearing,
<br />Dy the owner that the engineer, or any of
<br />the engineer's agents or representatives, of-
<br />fered or gave gntultlea (!n the form of en-
<br />tertainment, gifts, or othera-lae). to arlY offl-
<br />cial, employee, or agent of the owner, of the
<br />Stan, or of EPA to an attempt W secure a
<br />contract or favorable treatment In aa•ar•d-
<br />1nt. amending, or making anY determ)na-
<br />tlons rtlat.ed Lo the perfarmarlee of this
<br />agreement the owner may, Dy written
<br />notice to the engineer, terminate the right
<br />of the engineer to proceed under this agree-
<br />ment The owner may also pursue other
<br />rights and remedies that the law or thh
<br />agreement provides. However, the existence
<br />of the facts upon whkh the owner bases
<br />such findings shall be in Issue and may be
<br />reviewed fn proceedings under the remedies
<br />clause of this agreement
<br />(b) In the event this tgrer~ent is term~~
<br />hated u provided In paragraph (a) hereof,
<br />the owner shall De entitled: (1) To pursue
<br />the same remedies against the engineer is it
<br />could pursue to the event of a breach of the
<br />oontraet by the engineer, and (2) as a penal-
<br />ty, !n addition to arty other damages to
<br />which it may be enttiltd by law, to exeatpla-
<br />ry damages in an amount (as determined by
<br />the o.gner) which shall be not less than Z
<br />nor more than 10 times the costs the engi-
<br />neer incurs is Providing any such gntuitle
<br />to any such officer or employee.
<br />t T. TATDfTa
<br />If this agreement blvolves researc~t, devel-
<br />opmental, ezperimental, or demonstration
<br />work and any discovery or Invention arises
<br />or b developed in the courat of or under
<br />thLT agreement, such tnventlon or discovery
<br />shall De subteet to the reporting and rights
<br />provisloru of subpart D of 40 CFR part 30,
<br />In effect on the date of execution o1 this
<br />agreement, lneludirtg appendix B of part 30.
<br />In such case, the engineer shall report the
<br />discovery or Invention to EPA directly or
<br />through the owner, sad shall othera•!se
<br />comply with the owneYa ~responslbllltles !n
<br />accordance with subpart D of 40 CFR part
<br />30. The engineer agrees that the disposftlon
<br />of rights to inventions made under this
<br />agreement shall be In accordance alth the
<br />terms and oondltions of appendix B. The en-
<br />gineer shall Include appropriate patent pro-
<br />visions to achieve the purpose of this oond!-
<br />tfon mall subcontracts involving research,
<br />developmental, experimental, or demonstra-
<br />tfoa work.
<br />r t. COtT'RIG7rrt A7rD iIGItTa Ili RASA
<br />(a) The engineer aPree~ that anY plans,
<br />drawings, designs, tpectflotlona, tomputtr
<br />
<br />44093
<br />programs (which are nlbatantlally paid for
<br />with .1:PA gent funds>, technical rcporlA,
<br />openting manuals, and other work subm~t~
<br />Led R•1th a atop 1 fac111Un plan or with a
<br />step 2 or step 3 grant application or which
<br />are specified Lo be delivered under this
<br />agreement or which are developed or pro-
<br />duced and paid for under this agreement
<br />(referred Lo In this close as "Subtect
<br />Data") are subject to the rights to the
<br />United States, as set forth !n subpart D of
<br />40 CFR part 30 and Ln appendix C to 40
<br />CFR part 30, In effect on the date of execu-
<br />tion of this agreement These rights include
<br />the right to use, duplicate, and disclose such
<br />aubJect data, to whole or in part, fn any
<br />manner for any purpose whatsoever, and to
<br />have others do so. For purposes o1 this
<br />clause, "grantee" u used >n appendix C
<br />refers to the engineer. It the maLerlal >a co-
<br />pyrigh4ble, the engineer may copyright It,
<br />as appendix C permits, subJeet to the rights
<br />In the Government !n appendiz C, but the
<br />owner and the Federal Government reserve
<br />a royalty-fm, nonexelualve, and irrevocable
<br />llcenu to reproduce, publish, and use such
<br />maurfaL. in whole or !n Dart, and to autho-
<br />rise others to do so. The engineer shall fn•
<br />elude appropriate provisions to achieve the
<br />purpose of this condlt)on 1n all subcontracts
<br />expected to produce oopYrightable subject
<br />data.
<br />(b) All such subtect data furnished by the
<br />engineer pursuant to this agreement art In-
<br />struments of h1s services in respect of the
<br />protect. It !s understood that the engineer
<br />does not represent such subject data to be
<br />suitable for reuse on any other protect or
<br />for any other purpose. If the owner reuses
<br />the aubteet data without the engineer's ape-
<br />clfk written verification or adaptation, such
<br />reuse will be at the risk of the owner, with-
<br />out llabfllty to the engineer. Any such ver-
<br />ifiation or adaptation will entitle the engi•
<br />Weer to further compensation at rates
<br />agreed upon by the owner and the engineer.
<br />ArrsxDlz C-2-RcavlRm PROVrsroNS-
<br />CONS27tDCTION CONTRACTS
<br />SIITlI.~rTAL Gr7tE1tAL CONDITIONa
<br />1. General
<br />2. Changes.
<br />3. Differing S1te Conditions.
<br />4. Suspension of Work_
<br />S. Termination for Default: Damages for
<br />Delay, Time Extensions.
<br />6. Termination for Convenience.
<br />7. Remedies.
<br />8. Labor Standards.
<br />9. 17LUlutton of Small or Mtnorlty Busl-
<br />nest
<br />l0. AudJt; Access to Records.
<br />I1. Price Reduction for Defective Cost or
<br />Pricing Data.
<br />I2. Covenant Against Contingent Fees.
<br />13. Gntuttlea
<br />1!. Patents.
<br />1S. Copyrights and Rights in Data
<br />16. Prohibition Against Listed Violating
<br />F acllltlea
<br />17. Buy Americas.
<br />t. cnrauc
<br />(a) The owner and the contractor agree
<br />that the falJv~trtg supplemental general
<br />provttlon'a aDP1Y to the work to be per•
<br />formed under this contract and that these
<br />provisions supersede say ooMlcting provl-
<br />sfons of this contract
<br />lb) ThL contract b funded In part by a
<br />grant from the IIS. Environmental Protee-
<br />FEDERAL REGISTER, VOL q, MO. lit-WEDNESDAY, SE/TEMtER 27, 19Ti
<br />
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